Potholes - everyone hates them, but sometimes they can be more than just a nuisance.

Potholes can cause damage to both vehicles and the people in them - often leaving you out of pocket.

However, if you've suffered vehicle damage, personal injury or property damage, you might be able to claim money from Devon County Council, who are responsible for the state of the highways in our county.

Am I eligible?

Have you damaged your car on a pothole?

For a claim to be successful it would have to be shown that any loss or damage was caused as a result of the council's negligence.

As the Devon Highways Authority, the council has responsibility for roads, cycleways and footways, although they are not automatically liable for every incident which occurs on them.

The courts have long held that it isn’t reasonable to expect councils to repair each pothole as soon as it develops, or remove every piece of debris from the road the instant it has been deposited.

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If loss or damage occurs due to situations beyond the council's control, such as severe weather conditions, this is not normally something they can be held responsible for.

A statement on the council's website says: "If you proceed with a claim we will undertake a full and thorough investigation for a decision to be made in respect of legal liability in accordance with the relevant highways law.

Cars can easily be damaged by poor roads

"This will happen regardless of the value of your claim. These investigations take a substantial amount of staff resources away from delivering highway services, and although we have a Public Liability Insurance Policy, any successful claims under £250,000 have to be met from our own funds which would otherwise go towards providing services.

"Please consider carefully whether to proceed with a claim. It may be more appropriate to approach your insurance company if you have suffered a financial loss. Your insurance company may take the matter up with the local authority if they believe there is a case to answer."

How do I make a claim?

describe the fault in as much detail as possible – include location in the highway, size and shape

briefly outline the nature of the incident – include time, date, weather conditions and damage sustained

identify the exact location of the incident on the map. Use the map tools to find the general area and then it is essential that you zoom in sufficiently to accurately mark the map. This is vital information that will be used to investigate your claim.

There have been lots of reports of potholes across Devon

If the defect is showing on the map as an existing problem you should add your details to the existing record by clicking on the defect icon and selecting ‘Add me to this defect’.

2) Complete the contact details in full and submit the form.

Note the reference number the system provides.

If you are claiming for multiple incidents you must create multiple online logs and use multiple claim forms.

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What happens next?

Stage 1 – acknowledgement

When the council receives your information, it will undertake a preliminary investigation and write to you to:

advise you that your claim should be directed elsewhere

request additional information – incomplete claim forms will be returned; it’s important to provide any additional or missing information quickly, as the investigation is put on hold until we have the full details

inform you that we are preparing a full report for our Insurance Section or Gallagher Basset for a decision on liability to be made.

Please note that Gallagher Bassett are a claims management company who are authorised by the council's insurers to handle higher value claims.

Stage 2 – investigation and decision

A full investigation will be undertaken and a report supplied to the council's Insurance Section or Gallagher Bassett to make a decision. The decision will be based on the facts and the law, and will reflect the current attitude of the courts.

If it is believed the courts would reject your claim, then that is likely to be the decision which will be arrived at by our Insurance Section or Gallagher Bassett. If it is believed that the courts would award compensation, then an offer will be made to settle your claim.

You will be contacted by the council's Insurance Section or Gallagher Bassett direct, as soon as they have had the opportunity of considering your claim and the circumstances surrounding the incident.

This stage two process will generally be completed within a few days for personal injury claims, and a few weeks for all other claims, but they will contact you as soon as these investigations have been completed.